_____________________________ (Party or Attorney Name) _____________________________ (Address) _____________________________ (City, State, Zip) _____________________________ (Telephone) _____________________________ (Bar Number of Attorney) District Justice Court of the State of Utah __________ Judicial District __________ County __________ City Court Address: ________________________________________ ______________, Plaintiff, Writ of Continuing Garnishment for ORS or DWS and Instructions v. Judgment for _______________, Defendant. Case Number: _____________________ Child support Other Judge: ___________________________ The ______________ court of the state of Utah to (name)___________________, garnishee, at (address) : 1. Under Utah Code Section 78-7-44, the plaintiff should have included with this Writ of Garnishment a fee to you of $25. If the fee was not included, sign here and return the forms to the plaintiff (or plaintiff’s attorney). ___________________________________ Writ of Continuing Garnishment for ORS or DWS and Instructions Form approved: April 15, 2005 Page 1 American LegalNet, Inc. www.USCourtForms.com 2. A judgment for $__________ has been entered against the defendant, who still owes $_________. Papers filed with the court show that you may possess or control some of the defendant’s property. (Property includes real and personal property. Property includes money, including earnings not yet paid.) The property is being garnished (seized) in order to pay the judgment. You are the garnishee, (holder of the property) and you must take certain steps to deliver the property or to hold it and protect it. You may be held liable if you fail to do so. You should keep for your records a copy of everything that you prepare and everything that is served on you. 3. The judgment debtor is: Name:_______________________________________ Address:_____________________________________ _____________________________________________ Social security number (Last 4 digits only, if known):__________________________ Driver’s license number and state of issuance (if known):______________________ Date of birth (if known):__________________________ (4) Within 7 business days after this writ is served on you, you must: (A) answer the attached Interrogatories under oath or affirmation; (B) file with the clerk of the court your original Answers to the Interrogatories. (C) serve a copy of your Answers to the Interrogatories on the plaintiff (or plaintiff’s attorney); (D) serve a copy of the following papers on the defendant and on any other person shown by your records to have an interest in the property. The papers to be served are: one copy of this Writ of Continuing Garnishment; one copy of your Answers to the Interrogatories; Writ of Continuing Garnishment for ORS or DWS and Instructions Form approved: April 15, 2005 Page 2 American LegalNet, Inc. www.USCourtForms.com one copy of the Notice of Garnishment and Exemptions form; and two copies of the Reply and Request for Hearing form. (5) You may serve the court, the plaintiff (or plaintiff’s attorney), the defendant and any other person by hand delivery or by first class mail. The address of the clerk of court and plaintiff (or plaintiff’s attorney) are at the top of the first page of this writ. (6) There are two sets of Answers to the Interrogatory forms: one for the initial pay period and one for subsequent pay periods. (A) If the defendant’s earnings are the same for every pay period, you may copy your answers for the initial pay period and re-submit them for subsequent pay periods. (B) If the defendant’s earnings change from one pay period to the next, you may use the Answers to Interrogatories for Subsequent Pay Period form, which is shorter than the first. If you have been served with only one copy of the Answers to Interrogatories for Subsequent Pay Periods form, you should make additional blank copies before completing it. (C) If you are an employer who is garnishing earnings, the Utah courts have prepared an interactive worksheet that will calculate the amount to be withheld and prepare an Answers to the Interrogatories form ready for filing. To use the worksheet, go to the Utah courts’ web site at www.utcourts.gov. Follow the links to Resources/Court Forms/Garnishment Forms/Employer’s Answers to Interrogatories. (7) This Writ of Continuing Garnishment is effective when served on you and remains in effect until fully satisfied. Within 7 business days after the close of each pay period during that time, you must: (A) answer the attached Interrogatories under oath or affirmation; Writ of Continuing Garnishment for ORS or DWS and Instructions Form approved: April 15, 2005 Page 3 American LegalNet, Inc. www.USCourtForms.com (B) serve a copy of your Answers to the Interrogatories on the plaintiff (or plaintiff’s attorney); the defendant; and on any other person shown by your records to have an interest in the property; and (C) file with the clerk of the court your original Answers to the Interrogatories. (8) What to do with the property for the initial and subsequent pay periods: (A) You must withhold from the defendant the amount shown in your Answers to the Interrogatories. You must hold the property for 20 calendar days after you serve the defendant. (B) If you do not receive a Reply and Request for Hearing within 20 days after serving the defendant, you must deliver the property to the plaintiff (or plaintiff’s attorney). You are then relieved from any liability unless your answers are incorrect. DO NOT SEND THE MONEY TO THE COURT. (C) If you do receive a Reply and Request for Hearing, you must hold the property until you receive further orders from the court directing you how to proceed. (9) If you fail to take these steps, the court may hold you liable for the value of the property you should have withheld. (10) You may deliver to the defendant in the normal course any property greater than you are required to withhold. (11) You may be served with more than one Writ of Continuing Garnishment for the same defendant, but only one Writ of Continuing Garnishment may be in effect at one time. You must satisfy the writs in the order in which they are served. When an earlier Writ of Continuing Garnishment expires or is satisfied, you must then satisfy the next writ. However, this is a Writ of Continuing Garnishment in favor of the Office of Writ of Continuing Garnishment for ORS or DWS and Instructions Form approved: April 15, 2005 Page 4 American LegalNet, Inc. www.USCourtForms.com Recovery Services or the Department of Workforce Services. It takes precedence over other writs and must be satisfied first. Also, this Writ of Continuing Garnishment continues indefinitely until fully satisfied, placing earlier writs on hold. These instructions do not apply to writs or orders entered by courts of other states or governmental agencies. Clerk of the Court Date: ________________________ By: ____________________________ Deputy Clerk Writ of Continuing Garnishment for ORS or DWS and Instructions Form approved: April 15, 2005 Page 5 American LegalNet, Inc. www.USCourtForms.com